Amidst growing political uncertainty in Jharkhand, BJP state president Babulal Marandi today sent a letter to Governor CP Radhakrishnan to stop a non-MLA from taking oath as chief minister in case present incumbent Hemant Soren resigns.
In a three-page letter to Governor, Marandi mentions that there has been wide speculation after the resignation of Gandey MLA Sarfaraz Ahmed that present Chief Minister Hemant Soren would resign and a non-MLA shall be elected as leader of JMM legislative party and in turn would be the leader of the Alliance and he/she shall present his claim to form the government before Governor. The same claim if made by a Non-MLA to become the Chief Minister would be wholly unconstitutional and unlawful.
With less than a year remaining in the Assembly’s tenure, Marandi contends that holding by-elections for vacant seats becomes an impractical solution.
Citing several court judgements, Marandi has said that the election at Gandey constituency for a remaining period cannot happen since less than one year is left of the whole tenure of the 5th Jharkhand Vidhan Sabha.
Marandi states that it is a matter of record that the result of 5th Jharkhand Vidhan Sabha was declared on 23.12.2019 and the MLA resigned from his office and the same was accepted w.e.f. 31.12.2023. Section 151A of Representation of Peoples Act, 1951, no doubt seeks to ensure that no Constituency remains unrepresented for more than six months. But it is not unconditional. It is subject to the exceptions i.e. where the remainder of the term of a member in relation to a vacancy is less than one year, there would be no election. Therefore, it is amply clear that the election at Gandey Constituency for the remaining period cannot happen since less than one year is left of the whole tenure of 5th Jharkhand Vidhan Sabha.
With great concern and distress, I am writing this letter to your Excellency to bring to your kind notice, the recent development which has occurred in the State of Jharkhand which would lead to a constitutional crisis. There has been wide speculation as would be evident from the reports from various newspapers and as well as recent development of an Hon'ble Member of legislative Assembly Shri Sarfaraz Ahmed tendering his resignation from his seat Gandey and the Hon'ble Speaker accepting the same. It has widely been published in various newspapers that the present Chief Minister Shri Hemant Soren may resign and a non-MLA shall be elected as leader of JMM legislative party and in turn would be the leader of the Alliance and he/she shall present his claim to form the government before His Excellency. The same claim if made by a Non-MLA to become the Chief Minister would be wholly unconstitutional and unlawful.
The Supreme Court in SR Chaudhari V. State of Punjab, (2001) 7 SCC 126, has deprecated the practice of non-MLA becoming practice and stated that the same being against the fabric and democratic set up of the Constitution,” he has added.
